mentions "traffic accident crime", and people generally believe that this is a crime against the driver of the vehicle.
However, in a traffic accident case recently announced by the Pinghu People's Court of Zhejiang Province, he was eventually sentenced to fixed-term imprisonment of 8 months, and the defendant, who was probation for 1 year and 2 months, was a pedestrian. Pedestrians are at a weak low among traffic participants, and the law also has a skewed protection for pedestrians compared with motor vehicles and non-motor vehicle drivers. But being weak does not mean you can act willfully. Once a traffic accident causes death, you may also have to bear criminal liability.
Roundtable host Chen Hongguang
This issue's guests
Shanghai Everbright Law Firm Pan Yi
Shanghai Haoxin Law Firm Hexiaoke
Shanghai Zhongxia Law Firm Li Xiaomao
01 Running a red light The consequences may be serious
01 Pedestrians, passengers, and non-motor vehicle drivers who violate road traffic safety laws and regulations on road traffic regulations will be issued a warning or a fine of not less than five yuan and not more than fifty yuan.
and Xiaoke: Many people think that pedestrians are just a minor violation of the law, so they do not take it seriously.
Generally speaking, pedestrians running red lights are indeed a minor violation, but since it is illegal, they may face punishment.
Article 89 of the " Traffic Safety Law " stipulates that if a pedestrian, passenger, or non-motor vehicle driver violates road traffic regulations and regulations on road traffic, he/she shall be warned or fined not less than RMB 50; if a non-motor vehicle driver refuses to accept the fine, he/she may be detained.
Of course, the premise of only fines is to be upright and cooperate with the punishment.
According to media reports, pedestrians have run red lights but are not careful, and they dissuad others or obstruct police law enforcement or even make rough moves. This is at the very least, it violates the Public Security Administration Punishment Law and faces detention, and at the worst, it violates the Criminal Law and constitutes the crime of provoking trouble and assaulting police.
Some people also think that law enforcement requires traffic police to be on the scene. Without the police present, traffic violations will not be found.
But in fact, in recent years, in order to rectify traffic order and regulate the behavior of traffic participants, including pedestrians, all regions have taken the latest technical measures.
In addition, some places are also seeking support from credit reporting departments and exploring the inclusion of information on multiple serious traffic violations by non-motor vehicles and pedestrians into the personal credit reporting system to further increase the cost of traffic violations.
02 Weakness cannot act rashly and recklessly
Weakness does not mean that we can act rashly, otherwise we will also face civil, administrative and even criminal responsibilities.
Pan Yi: In people's general impression, pedestrians are weak among traffic participants. Compared with motor vehicles and non-motor vehicle drivers, the law also has a tilt protection for pedestrians.
However, weakness does not mean that you can act rashly, otherwise you will also face civil, administrative and even criminal liability.
Take criminal responsibility as an example. Article 133 of the Criminal Law stipulates that if a person violates transportation management regulations and causes serious accidents, causing serious injuries, death, or causing serious losses to public and private property, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if he escapes after a traffic accident or has other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years but not more than seven years; if he causes death by escape, he shall be sentenced to fixed-term imprisonment of not more than seven years.
Article 1 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Traffic Accidents" stipulates that if a person engaged in transportation or a person who is not a transportation person commits a major traffic accident in violation of transportation management regulations, and on the basis of distinguishing the responsibility for the accident, he shall be convicted and punished in accordance with the provisions of Article 133 of the Criminal Law for traffic accidents.
According to the above provisions, it is not only motor vehicles and non-motor vehicle drivers who may be suspected of traffic accidents. Anyone who violates traffic management regulations and causes a major traffic accident and bears all or main responsibility may be suspected of traffic accidents.
And it should be noted that motor vehicles have purchased compulsory traffic insurance, and most of them have also purchased commercial insurance. In the event of a traffic accident, the insurance company can make partial or full compensation, while pedestrians generally do not purchase such insurance. Once a traffic accident is caused, they can only bear the compensation themselves.
03 Traffic accident crime applies to all traffic participants
Whether driving, riding a bicycle, walking on the road, or even riding a vehicle, everyone is a part of the traffic. If the traffic rules are not followed, it may cause a traffic accident, and it is suspected of traffic accident crimes.
Li Xiaomao: The verdict in this case is a good reminder to the public: whether driving, riding a bicycle, walking on the road, or even riding a vehicle, everyone is a part of the traffic and has the obligation to fulfill the obligation of abide by laws and regulations and be cautious. Otherwise, it may cause a traffic accident and be suspected of causing a traffic accident.
Previously, there have been cases in various places where drivers or passengers did not pay attention to the car after parking, and suddenly opened the car door and caused others to fall and die.
In March this year, the Xingning District People's Court of Nanning City, Guangxi concluded a special traffic accident case: a man did not pay attention to the car coming from behind when opening the car door, causing the electric bicycle driver in the rear to hit the car door and fell to the ground, and died after failed rescue. The Xingning District Court sentenced the defendant Lu to six months in prison for traffic accidents in accordance with the law.
In this case, the driver of the vehicle was the driver of the vehicle who opened the car door and caused death, but there were cases where a passenger opened the car door and was eventually convicted of traffic accident.
Article 63 of the "Regulations on the Implementation of the Road Traffic Law" stipulates that when a motor vehicle temporarily stops on the road, it shall comply with the following provisions: On sections with no parking signs and markings, sections with isolation facilities between motor vehicle lanes and non-motor vehicle lanes and sidewalks, as well as pedestrian crossings and construction sites, they shall not be allowed to open the doors and people up and down before parking, and opening and closing the door shall not hinder the passage of other vehicles and pedestrians.
However, many drivers or passengers neglect to observe before parking and opening the door. Suddenly opening the car door can easily lead to motorcycles, electric bicycles, bicycles or pedestrians driving behind them, and it is also very dangerous to hit the car door and fall down at high speed.
The perpetrator of "open door killing" not only bears criminal liability, but also needs to bear civil liability for compensation.
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crossing the road and causing serious injuries
pedestrians are responsible for conspiracy and were sentenced
According to the " Rule of Law Daily ", the Pinghu Municipal People's Court of Zhejiang Province recently sentenced a traffic accident case. Xiang, who crossed the road in the accident, was sentenced to 8 months in prison and 1 year and 2 months in a probation.
The court found out that Xiang took the worker's vehicle to a certain industrial park for construction. He got out of the car and completed the registration at the door of the park. After completing the registration, he turned around and walked into the non-motorized vehicle lane. He collided with an electric vehicle passing by. The electric vehicle driver Xiong fell to the ground with his car, causing traumatic spleen rupture, hemorrhagic shock, multiple rib fractures on the left side, contusion of the left lung, fracture of the left scapula, fracture of the left shoulder glenoid fracture, and finally removed the ruptured spleen. After identification, Xiong's injury was severely injured.
It was sudden because Xiang turned around and went down the steps and crossed the road when the electric vehicle was approaching, which caused Xiong to react and escape after the incident, and the degree of fault was relatively high; while Xiong's electric vehicle did not meet the relevant technical requirements and had speeding behavior, so the degree of fault was relatively low. In the end, the traffic police department determined that Xiang Mou was responsible for the main responsibility for the accident.
After the incident, Xiang and Xiong reached a settlement agreement and paid the full compensation of 150,000 yuan.
After the trial, Pinghu Court held that the defendant Xiang violated the laws and regulations on road transportation management, neglected to observe the road conditions and crossed the road, causing a traffic accident that seriously injured a person, and fled after the accident, and was mainly responsible for the accident. His behavior constituted the crime of traffic accident. The defendant Xiang Mou surrendered himself and could give him a lighter punishment according to law; at the same time, he could compensate the victim for the losses and obtain forgiveness, and he could give him a lighter punishment at his discretion, and he could apply probation to him according to law.
Based on this, the court made the above judgment in accordance with the law.
The judge said after the court that the crime of traffic accidents refers to the act of violating transportation management regulations and causing serious accidents, causing serious injuries, death or causing serious losses to public and private property, and being held criminally responsible in accordance with the law. The crime of traffic accident does not require a special subject. As long as the accident liability under the law meets the legal requirements, people with full criminal liability in can constitute this crime. In other words, if traffic accidents occur if traffic rules are not followed, pedestrians may also become the subject of traffic accident crime.
Judge reminds that to build a harmonious traffic order, pedestrians and drivers need to jointly enhance their safety awareness and the concept of the rule of law. The "small violations" of pedestrians may also bring "big disasters". When traveling on a daily basis, you must not violate traffic rules for temporary convenience. If a traffic accident occurs, the injured should be rescued as soon as possible and the police should be called in time.
compilation | Chen Hongguang
source | Shanghai Rule of Law News
